The Commissioner Of Income Taxmo v. R.krishnamoorthyc/O. S.sridhar, Advocate112
High Court
15 Oct 2024 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Taxmo v. R.krishnamoorthyc/O. S.sridhar, Advocate112
Date of order
15 Oct 2024
Assessment year(s)
—
Outcome
Dismissed
Case summary
In The Commissioner Of Income Taxmo v. R.krishnamoorthyc/O. S.sridhar, Advocate112, the High Court (2024) dismissed the appeal. The decision went in favour of the assessee.
Issue: Whether on the facts and circumstances of the case, the Appellate Tribunal was right in cancelling the penalty levied without considering Explanation 1 of Section 271(1)(c) of the Income Tax Act?" 2.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
T.C.A.No.572 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.10.2024
CORAM :
THE HONOURABLE MR.JUSTICE R. SURESH KUMARAND
THE HONOURABLE MR.JUSTICE C. SARAVANAN
T.C.A.No.572 of 2016
The Commissioner of Income TaxMo.63, Race Course RoadCoimbatore...Appellant
Vs.
R.Krishnamoorthyc/o. S.Sridhar, Advocate112/1, Periyar StreetErode – 1, PAN: ADW PK 0624 M..Respondent
Prayer: Appeal filed under Section 260-A of the Income Tax Act, 1961, against the order of Income Tax Appellate Tribunal, Madras “D”Bench,Chennaidated04.02.2015passedin I.T.A.No.355/Mds/2014.
For the Appellant
:Mr.Karthi RanganathanSenior Standing Counsel
For the Respondent:Mr.G.Guruprasath
JUDGMENT
(Order of the Court was made by R.SURESH KUMAR, J.)The present tax case appeal was admitted on 29.08.2016 by
this Court on the following substantial questions of law:-
https://www.mhc.tn.gov.in/judis
"1. Whether on the facts and circumstances of the
case, the Appellate Tribunal was right in cancelling the penalty levied under Section 271(1)(c) for concealing the particulars of income?
2. Whether on the facts and circumstances of the
case, the Appellate Tribunal was right in cancelling the penalty levied without considering Explanation 1 of Section 271(1)(c) of the Income Tax Act?"
2. It is submitted by the learned Senior Standing Counsel appearing for the appellant Revenue that this matter is covered under the Low Tax Effect as per the recent Circular dated 17.09.2024, in Circular No.9/2024.
3. Hence, this appeal stands dismissed, as covered under the low tax effect and the substantial questions of law arising in this appeal are kept open to be decided at the later point of time. There shall be no order as to costs.
(R.S.K., J.) (C.S.N, J) 15.10.2024
Neutral Citation:Yes/No
drm
T.C.A.No.572 of 2016
T.C.A.No.572 of 2016
R. SURESH KUMAR, J.ANDC. SARAVANAN, J.
(drm)
T.C.A.No.572 of 2016
15.10.2024
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